Nepal Das @ Gobinda Das v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 771 of 2023 Nepal Das @ Gobinda Das -VsThe State of West Bengal For the petitioner:

Mr. Subhajit Chowdhury, Adv For the State:

Mr. Subroto Roy, Adv., Heard on: 15th March, 2023.

Judgment on: 15th March, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of N case no. 29 of 2022 filed by the petitioner/accused person in custody arising out of Noapara Police Station Case no. 85 of 2022 dated 16th March, 2022 under Section 21(C)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Special Judge(N.D.P.S. Act), Barrackpore.

2.

On perusal of the instant application and the materials on record, this court is of the view that the instant application can be disposed of with the assistance of the learned public prosecutor-in-charge on behalf of the State. Therefore Mr. Subroto Roy learned advocate is requested to

assist this court on behalf of the state. Appointment of Mr. Subroto Roy be regularized by the learned Legal Remembrancer, Government of West Bengal.

3.

It is submitted by the learned advocate for the petitioner that the petitioner was arrested on 16th March, 2022 on the allegation of possessing 2kg and 55gm of codeine mixture. Since then, he is in custody. After completion of investigation Chargesheet was submitted on 28th August, 2022 and charge was framed on 2nd February, 2023 under Section 21(C)/29 of the NDPS Act proposing 11 witnesses to be examined and fixing 6th April, 2023 and 10th April, 2023 for evidence of CSW1 and CSW2 respectively.

4.

It is further submitted by the learned Advocates for the petitioner that the prosecution is not at all serious for speedy disposal of the case. Therefore, necessary direction may be issued upon the court below for expeditious disposal.

5.

In view of the above factual position, it is premature to pass any order for expeditious disposal of the case. However, the trial court is directed to take positive step for appearance of the witnesses on the given dates and dispose of the matter as early as possible. 6.

The instant criminal revision is disposed of with the above order on contest.

(Bibek Chaudhuri, J.)